Category: Intellectual Property
Faier on the Law: Going after Infringers, the Joinder / Misjoinder Problem of Harley-Davidson. I feel for you! H-D U.S.A., L.L.C. v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, 2021 WL 780486. March 1, 2021.
So a month or so ago it was Hon. Judge Kennelly and on Monday, March 1, 2021, it was Hon. Judge Marvin E. Aspen who tried to explain to the bar that there are limitations on joining defendants in an action. Now, Judge Kennelly’s action was on patents. Judge Aspen’s case in on trademarks. Specifically, […]read more
Faier on the law: LHO Chicago River, L.L.C. v. Rosemoor Suites, LLC, 2021 WL 649200, Feb. 19, 2021 (CA7) – If you want attorney fees, then follow Octane Fitness!
The issue in this case is award of attorney fees in an aborted trademark infringement matter. Can counsel for the defendant get legal fees where the owner of a trademark withdrew the suit after an adverse finding in a Motion for Preliminary Injunction where the mark was rather descriptive? This is the case of the […]read more
I am always surprised by people who do not read their documents. I get it. Lawyers like me have written agreements so long and complicated that you balk. Well, there is another answer. Do not do business with people who present such agreements. Ten years ago I was looking into a membership at my local […]read more
ND IL Case Brief: Section 299 of the Patent Act and “DOE” Complaints. Patent Holder Identified in Exhibit 1 v. Does 1-254, as Identified in Exhibit 2, 2021 WL 410661. (NDIL) 2/6/2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Regd. Patent Atty 56731)
Is Judge Kennelly addressing another patent plaintiff or the same plaintiff as earlier this month? The issue of Section 299 of the patent act is that a plaintiff can only lop together infringers if the action presents questions of fact common to them all. The particular issue in this case is a design patent. Most […]read more
Chicago Case Brief: Plum Markets, LLC v. Compass Group USA Inc., 2021 WL 323791 (ND IL), by James Michael Faier, M.P.P., M.B.A., J.D. (U.S. Reg’d Patent Atty #56,731)
Judge Guzman did a great job with this Motion to Dismiss in a trade dress matter at the Northern District. Plum Markets (I know them from my annual trip in February to buy my wife Godiva Chocolates in the middle of this month) sued Compass for (1) Breach of Contract, (2) Infringement of trade dress, […]read more